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Questions and Answers
What constitutes an offence of careless and inconsiderate driving?
What constitutes an offence of careless and inconsiderate driving?
- Driving at a speed higher than the legal limit.
- Driving on a private property.
- Driving without due care and attention or reasonable consideration. (correct)
- Driving a vehicle with no passengers.
Which of the following is NOT considered driving without due care and attention?
Which of the following is NOT considered driving without due care and attention?
- Signalling left while turning right.
- Maintaining a steady speed within the speed limit. (correct)
- Failing to yield at a roundabout.
- Hitting a parked car without reasonable excuse.
What is required to establish that someone is driving without reasonable consideration?
What is required to establish that someone is driving without reasonable consideration?
- They must cause inconvenience to other road users. (correct)
- They must be driving over the speed limit.
- They must have a history of traffic violations.
- They must demonstrate a pattern of reckless driving.
What factor is NOT taken into account when determining the standard of driving expected?
What factor is NOT taken into account when determining the standard of driving expected?
Which of the following behaviors might be considered an example of driving without reasonable consideration?
Which of the following behaviors might be considered an example of driving without reasonable consideration?
Which driver committed the offence of careless driving?
Which driver committed the offence of careless driving?
How is a driver found guilty of driving without due care and attention?
How is a driver found guilty of driving without due care and attention?
What defines the standard of care expected from drivers?
What defines the standard of care expected from drivers?
The legislation states a driver is guilty of an offence if they drive:
The legislation states a driver is guilty of an offence if they drive:
What explains why Oscar's actions are considered an offence?
What explains why Oscar's actions are considered an offence?
What should be considered when determining what is expected of a careful driver?
What should be considered when determining what is expected of a careful driver?
In the case presented, what was a key factor in determining Blakey's culpability?
In the case presented, what was a key factor in determining Blakey's culpability?
Based on the principles discussed, what is true about inexperienced drivers and careless driving offences?
Based on the principles discussed, what is true about inexperienced drivers and careless driving offences?
Which of the following actions exemplifies driving without reasonable consideration?
Which of the following actions exemplifies driving without reasonable consideration?
What does the term 'automatism' refer to in the context of driving offences?
What does the term 'automatism' refer to in the context of driving offences?
Under which Article is causing death or grievous bodily injury by careless driving classified as an offence?
Under which Article is causing death or grievous bodily injury by careless driving classified as an offence?
Which of the following is NOT considered a defense to the offence of careless driving?
Which of the following is NOT considered a defense to the offence of careless driving?
What must be proven in court for a successful prosecution of dangerous driving?
What must be proven in court for a successful prosecution of dangerous driving?
What constitutes the offence of dangerous driving causing death or grievous bodily injury?
What constitutes the offence of dangerous driving causing death or grievous bodily injury?
Which behaviour is indicative of careless cycling as per the law?
Which behaviour is indicative of careless cycling as per the law?
What does 'reasonable consideration' entail when driving?
What does 'reasonable consideration' entail when driving?
What constitutes dangerous driving according to the outlined criteria?
What constitutes dangerous driving according to the outlined criteria?
Which scenario exemplifies a vehicle being driven in a dangerous condition?
Which scenario exemplifies a vehicle being driven in a dangerous condition?
In the context of dangerous driving, what is meant by 'obvious' to a competent driver?
In the context of dangerous driving, what is meant by 'obvious' to a competent driver?
What must occur for a driver to be prosecuted for certain offenses?
What must occur for a driver to be prosecuted for certain offenses?
What is the primary result of dangerous driving as defined in Article 11?
What is the primary result of dangerous driving as defined in Article 11?
Which factor is NOT considered when assessing the state of a vehicle as dangerous?
Which factor is NOT considered when assessing the state of a vehicle as dangerous?
What additional consequence may arise from dangerous driving under Article 9 R.T.(NI) Order 1995?
What additional consequence may arise from dangerous driving under Article 9 R.T.(NI) Order 1995?
Which of these actions qualifies as an example of dangerous driving?
Which of these actions qualifies as an example of dangerous driving?
What is the primary reason for submitting a Form 55/4 by police?
What is the primary reason for submitting a Form 55/4 by police?
What is the significance of Cassie’s Law in driving regulations?
What is the significance of Cassie’s Law in driving regulations?
In case of serious medical conditions, how should police communicate urgent referrals to DVA?
In case of serious medical conditions, how should police communicate urgent referrals to DVA?
Under which scenario could David successfully defend himself with automatism?
Under which scenario could David successfully defend himself with automatism?
Which of the following is NOT a valid reason to issue an urgent referral to DVA?
Which of the following is NOT a valid reason to issue an urgent referral to DVA?
What should be the course of action if immediate danger from a driver is suspected?
What should be the course of action if immediate danger from a driver is suspected?
In which instance is it appropriate to submit Form CL1 for referrals?
In which instance is it appropriate to submit Form CL1 for referrals?
When should police complete Form 55/4?
When should police complete Form 55/4?
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Study Notes
Driving Offences
- Careless and inconsiderate driving offences occur when a driver does not drive with due care and attention or without reasonable consideration for other road users.
- Driving without due care and attention occurs when a driver falls below the expected standard of a competent and careful driver.
- Driving without reasonable consideration for other road users means that those persons are inconvenienced by the driver's actions.
- Examples of driving without due care and attention include failing to give way at a roundabout, hitting a parked vehicle, shaving or applying make-up while driving.
- Examples of driving without reasonable consideration for other road users include failing to dip headlights for oncoming traffic, driving a bus roughly, or driving slowly for a long time without pulling over.
- Defences to the offence of careless driving include automatism, unconsciousness, sudden illness, duress, sudden mechanical defect, assisting in the arrest of offenders, and taking part in an authorised motoring event.
Causing Death or GBI by Careless or Inconsiderate Driving
- This offence occurs when a driver causes the death of or grievous bodily injury to another person by driving without due care and attention or without reasonable consideration for other road users.
- This offence is covered by Article 11A Road Traffic (NI) Order 1995.
Careless Cycling
- Careless cycling offences occur when a cyclist rides a cycle on a road or other public place without due care and attention or without reasonable consideration for other persons using the road or place.
- This offence is covered by Article 43 Road Traffic (NI) Order 1995.
Dangerous Driving
- Dangerous driving occurs when a driver drives a mechanically propelled vehicle dangerously on a road or other public place.
- This offence is covered by Article 10 R.T.(NI) Order 1995.
Dangerous Driving Causing Death or Grievous Bodily Injury
- This occurs when a driver causes the death of or grievous bodily injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place.
- This offence is covered by Article 9 R.T.(NI) Order 1995.
Points to Prove for Dangerous Driving
- The prosecution must prove that a person was driving a mechanically propelled vehicle dangerously on a road or other public place.
- In the case of dangerous driving causing death, it must also be proven that the offence caused the death of or grievous bodily injury to another person.
Dangerous Driving Meaning
- A driver is regarded as driving dangerously if their driving falls far below what would be expected of a competent and careful driver, and a competent and careful driver would recognise that driving in that way would be dangerous.
- Dangerous driving also occurs when it is obvious to a competent and careful driver that driving a vehicle in its current state would be dangerous.
Examples of Dangerous Driving
- Driving at a speed that is too high for the conditions.
- Driving recklessly or aggressively.
- Undertaking.
- Failing to observe traffic signals or signs.
- Failing to keep a proper lookout
- Failing to maintain proper control of the vehicle
Dangerous Vehicle Conditions
- Examples of a vehicle in a dangerous condition include having a load that is not securely fastened, having a steering or braking system that is not functioning properly, or having a tyre that is badly worn.
- The state of a vehicle includes anything attached to or carried on or in it and how it is attached or carried.
Notice of Intended Prosecution (NIP)
- A NIP is a document that informs a driver that they are suspected of committing an offence.
- This needs to be served within set time limits, subject to specific circumstances.
Disability or Medical Condition Referrals
- If a police officer investigating an incident, including a road traffic collision, believes that a driver is suffering from a disability or medical condition that could make them a danger to the public, a report must be made through the DVA liaison officer for the information of the medical section at DVA.
- The report should be made on a Form 55/4 and emailed to zDVANI for immediate referral to the DVA.
Urgent Eyesight Referrals
- Urgent eyesight referrals, such as those under Cassie's Law, allow for the immediate revocation of a driving licence in cases where there is a risk of immediate danger to the public.
- These cases should be emailed directly to DVA using the email address [email protected], and should be accompanied by a Form CL1.
Legal Considerations (Careless Driving)
- A driver suffering a sudden epileptic fit or being struck on the head by a stone thrown up by another vehicle may be able to use the defence of automatism in a careless driving case.
Legal Considerations (Dangerous Driving)
- Oscar, a novice driver, who collides with a vehicle in front after putting his foot on the accelerator when he meant to brake, is likely to be found guilty of careless driving.
- This example demonstrates that the standard of care and attention required of drivers is objective and applies to all drivers, regardless of their level of experience.
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